The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  449--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  DINOWITZ, GALEF, DICKENS, ABINANTI,
   SEAWRIGHT, GOTTFRIED, L. ROSENTHAL, ENGLEBRIGHT, ZINERMAN -- read once
   and referred to the Committee on Codes -- recommitted to the Committee
   on Codes in accordance with Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the penal law and the general business law, in relation
   to establishing a waiting period before a firearm,  shotgun  or  rifle
   may be delivered to a person
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 12 of section  400.00  of  the  penal  law,  as
 amended  by  chapter  129  of  the  laws  of 2019, is amended to read as
 follows:
   12. Records required of gunsmiths and dealers in firearms. Any  person
 licensed  as  gunsmith  or  dealer  in firearms shall keep a record book
 approved as to form, except in the city of New York, by the  superinten-
 dent of state police. In the record book shall be entered at the time of
 every  transaction  involving  a firearm the date, name, age, occupation
 and residence of any person from whom a firearm is received or to whom a
 firearm is delivered, and the calibre, make, model, manufacturer's  name
 and  serial number, or if none, any other distinguishing number or iden-
 tification mark on such firearm. Before  delivering  a  firearm  to  any
 person, the licensee shall require him to produce either a license valid
 under  this  section  to  carry  or possess the same, or proof of lawful
 authority as an exempt person pursuant to section 265.20 of this chapter
 and [either (a) the National Instant Criminal  Background  Check  System
 (NICS) or its successor has issued a "proceed" response to the licensee,
 or  (b)  thirty  calendar] TEN BUSINESS days have elapsed since the date
 the licensee contacted [NICS] THE NATIONAL INSTANT  CRIMINAL  BACKGROUND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01959-02-2
 A. 449--A                           2
 
 CHECK  SYSTEM  (NICS)  OR  ITS  SUCCESSOR to initiate a national instant
 criminal background check [and NICS has not notified the  licensee  that
 the  transfer  of the firearm to such person should be denied]. In addi-
 tion, before delivering a firearm to a peace officer, the licensee shall
 verify  that  person's  status  as  a peace officer with the division of
 state police. After completing the foregoing, the licensee shall  remove
 and  retain the attached coupon and enter in the record book the date of
 such license, number, if any, and name of the licensing officer, in  the
 case  of  the  holder of a license to carry or possess, or the shield or
 other number, if any, assignment and department, unit or agency, in  the
 case  of  an  exempt  person.  The  original transaction report shall be
 forwarded to the division of state police within ten days of  delivering
 a  firearm  to  any  person,  and  a duplicate copy shall be kept by the
 licensee. The superintendent of state police  may  designate  that  such
 record  shall  be completed and transmitted in electronic form. A dealer
 may be granted a waiver from transmitting  such  records  in  electronic
 form  if  the superintendent determines that such dealer is incapable of
 such transmission due to technological limitations that are not  reason-
 ably  within  the  control  of  the dealer, or other exceptional circum-
 stances demonstrated by the dealer, pursuant to a process established in
 regulation, and at the discretion of the superintendent.  Records assem-
 bled or collected for purposes of  inclusion  in  the  database  created
 pursuant  to  section  400.02  of  this  article shall not be subject to
 disclosure pursuant to article six  of  the  public  officers  law.  The
 record  book shall be maintained on the premises mentioned and described
 in the license and shall be open at all reasonable hours for  inspection
 by  any  peace officer, acting pursuant to his special duties, or police
 officer. In the event of cancellation or revocation of the  license  for
 gunsmith  or  dealer  in  firearms,  or  discontinuance of business by a
 licensee, such record book  shall  be  immediately  surrendered  to  the
 licensing officer in the city of New York, and in the counties of Nassau
 and  Suffolk,  and  elsewhere  in the state to the executive department,
 division of state police.
   § 2. Section 400.20 of the penal law, as added by chapter 129  of  the
 laws of 2019, is amended to read as follows:
 § 400.20 Waiting  period  in  connection  with the sale or transfer of a
            rifle or shotgun.
   When a national instant criminal background check is required pursuant
 to state or federal law to be conducted  through  the  National  Instant
 Criminal  Background  Check System (NICS) or its successor in connection
 with the sale or transfer of a rifle or shotgun to  any  person,  before
 delivering  a  rifle  or  shotgun  to  such person, [either (a) NICS has
 issued a "proceed" response to the seller or transferor, or  (b)  thirty
 calendar] TEN BUSINESS days shall have elapsed since the date the seller
 or  transferor  contacted  NICS  to initiate a national instant criminal
 background check [and NICS has not notified  the  seller  or  transferor
 that  the  transfer  of  the  rifle  or shotgun to such person should be
 denied].
   § 3. Subdivision 1 of section 897 of  the  general  business  law,  as
 amended  by  chapter  129  of  the  laws  of 2019, is amended to read as
 follows:
   1. A national instant criminal background check shall be conducted and
 no person shall sell or transfer a firearm, rifle or shotgun  at  a  gun
 show,  except  in  accordance  with  the provisions of 18 U.S.C. 922(t),
 provided that before delivering a  firearm,  rifle  or  shotgun  to  any
 person,  [either  (a)  the  National  Instant  Criminal Background Check
 A. 449--A                           3

 System (NICS) or its successor has issued a "proceed"  response  to  the
 seller  or  transferor,  or (b) thirty calendar] TEN BUSINESS days shall
 have elapsed since the date the seller or  transferor  contacted  [NICS]
 THE  NATIONAL  INSTANT  CRIMINAL  BACKGROUND  CHECK SYSTEM (NICS) OR ITS
 SUCCESSOR to initiate a national instant criminal background check  [and
 NICS  has not notified the seller or transferor that the transfer of the
 firearm, rifle or shotgun to such person should be denied].
   § 4. Subdivisions 1 and 2 of section 898 of the general business  law,
 as  amended  by  chapter 129 of the laws of 2019, are amended to read as
 follows:
   1. In addition to any other requirements pursuant to state and federal
 law, all sales, exchanges or disposals of firearms, rifles  or  shotguns
 shall  be  conducted  in  accordance with this section unless such sale,
 exchange or disposal is  conducted  by  a  licensed  importer,  licensed
 manufacturer  or licensed dealer, as those terms are defined in 18 USC §
 922, when such sale, exchange or disposal is conducted pursuant to  that
 person's  federal firearms license or such sale, exchange or disposal is
 between members of  an  immediate  family.  When  a  sale,  exchange  or
 disposal  is  conducted pursuant to a person's federal firearms license,
 before delivering a firearm, rifle or shotgun to any person, [either (a)
 the National Instant Criminal Background  Check  System  (NICS)  or  its
 successor has issued a "proceed" response to the federal firearms licen-
 see,  or (b) thirty calendar] TEN BUSINESS days shall have elapsed since
 the date the federal firearms licensee  contacted  [NICS]  THE  NATIONAL
 INSTANT  CRIMINAL  BACKGROUND  CHECK  SYSTEM  (NICS) OR ITS SUCCESSOR to
 initiate a national instant criminal background check [and NICS has  not
 notified the federal firearms licensee that the transfer of the firearm,
 rifle  or shotgun to such person should be denied]. For purposes of this
 section, "immediate family" shall mean spouses, domestic partners, chil-
 dren and step-children.
   2. Before any sale, exchange or disposal pursuant to this  article,  a
 national instant criminal background check must be completed by a dealer
 who  consents  to  conduct such check, and upon completion of such back-
 ground check, shall complete a document, the  form  of  which  shall  be
 approved  by  the  superintendent  of  state police, that identifies and
 confirms that such check was performed. Before a dealer who consents  to
 conduct a national instant criminal background check delivers a firearm,
 rifle  or  shotgun  to  any  person, [either (a) NICS issued a "proceed"
 response to the dealer, or (b) thirty calendar] TEN BUSINESS days  shall
 have  elapsed  since  the  date the dealer contacted [NICS] THE NATIONAL
 INSTANT CRIMINAL BACKGROUND CHECK SYSTEM  (NICS)  OR  ITS  SUCCESSOR  to
 initiate  a national instant criminal background check [and NICS has not
 notified the dealer that the transfer of the firearm, rifle  or  shotgun
 to such person should be denied].
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.